CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Chowdhury v. Canada (Minister of Citizenship and Immigration)
IMM-5041-02
2003 FCT 744, Blanchard J.
13/6/03
16 pp.
Judicial review of decision by Refugee Protection Division of Immigration and Refugee Board finding applicant neither Convention refugee nor "person in need of protection" but person referred to in Art. 1F(c) of Refugee Convention-- Applicant 27-year-old citizen of Bangladesh--Claimed refugee status on basis of persecution in Bangladesh for political opinion as member of Awami League (AL)-- Applicant became member of Bangladesh Chatra League (BCL)--Beaten, injured by police in 1995, Bangladesh National Party (BNP) goons in 1996--Board finding applicant not credible--Applied criteria set out by F.C.A. in Ramirez v. Canada (Minister of Employment and Immigration), [1992] 2 F.C. 306 for determining whether refugee claimant excluded from being granted asylum--Board concluded applicant excluded from claiming refugee status as person referred to in Art. 1F(c) of "refugee Convention"--Findings of Board dealing with applicant's role, participation in AL, knowledge of AL in human rights violations findings of fact--Whether Board properly applied test for exclusion question of mixed fact and law--Appropriate standard of review reasonableness simpliciter--Board's adverse credibility finding made in context of analysis of exclusion issue--Board not making finding with respect to inclusion aspect of applicant's refugee claim--Board's reasons dealt with exclusion issue only--Applicant's membership in AL not of necessity making him knowing participant in persecutorial acts--Evidence herein not meeting test stated in Ramirez--Documentary evidence not showing violence associated with political arena in Bangladesh--Everyone involved in political process or who belongs to political party in Bangladesh not necessarily complicit in crimes against humanity--Only minority involved with violence, such acts--Board's decision applicant excluded on that basis amounting to reviewable error--No notice provided to claimant prior to hearing exclusion issue was to be raised--Tentative answer by Minister's counsel, fact issue first raised during hearing falling short of procedural fairness requirements set out in case law--Application allowed--United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1(F).